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Coal Mining Safety and Health Regulation 2017
sec.46BOther matters about health assessments
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### sec.46B Other matters about health assessments
This section applies despite section 46A .
A health assessment may include matters not covered in the health assessment approved form if—
a risk assessment has been carried out for a task for which a person is, or is to be, employed by the employer; and
having regard to the risk assessment, the appointed medical adviser considers the person needs to be assessed in relation to the additional matters to achieve an acceptable level of risk.
Also, a person may undergo a health assessment (a subsequent assessment ) in compliance with some of the instructions only, and covering some of the matters only, in the health assessment approved form if—
the person has previously undergone a health assessment; and
the subsequent assessment relates to a particular matter identified by the previous assessment; and
the subsequent assessment is carried out to ensure the person is able to carry out the person’s tasks at the mine without creating an unacceptable level of risk having regard to the matter mentioned in paragraph (b) .
A medical examination of a person carried out by a doctor other than the appointed medical adviser is taken to be a health assessment carried out by the appointed medical adviser under section 46A if—
both of the following apply—
the medical examination is carried out in compliance with all instructions, and covering all matters, stated in the health assessment approved form;
the appointed medical adviser gives the employer a health assessment report about the examination; or
the medical examination is for another purpose and the appointed medical adviser—
is satisfied the examination is equivalent to a health assessment; and
gives the employer a health assessment report about the examination.
In this section—
health assessment approved form means the approved form under section 46A .
s 46B amd 2018 SL No. 102 s 14
(sec.46B-ssec.1) This section applies despite section 46A .
(sec.46B-ssec.2) A health assessment may include matters not covered in the health assessment approved form if— a risk assessment has been carried out for a task for which a person is, or is to be, employed by the employer; and having regard to the risk assessment, the appointed medical adviser considers the person needs to be assessed in relation to the additional matters to achieve an acceptable level of risk.
(sec.46B-ssec.3) Also, a person may undergo a health assessment (a subsequent assessment ) in compliance with some of the instructions only, and covering some of the matters only, in the health assessment approved form if— the person has previously undergone a health assessment; and the subsequent assessment relates to a particular matter identified by the previous assessment; and the subsequent assessment is carried out to ensure the person is able to carry out the person’s tasks at the mine without creating an unacceptable level of risk having regard to the matter mentioned in paragraph (b) .
(sec.46B-ssec.4) A medical examination of a person carried out by a doctor other than the appointed medical adviser is taken to be a health assessment carried out by the appointed medical adviser under section 46A if— both of the following apply— the medical examination is carried out in compliance with all instructions, and covering all matters, stated in the health assessment approved form; the appointed medical adviser gives the employer a health assessment report about the examination; or the medical examination is for another purpose and the appointed medical adviser— is satisfied the examination is equivalent to a health assessment; and gives the employer a health assessment report about the examination.
(sec.46B-ssec.5) In this section— health assessment approved form means the approved form under section 46A . s 46B amd 2018 SL No. 102 s 14
- (a) a risk assessment has been carried out for a task for which a person is, or is to be, employed by the employer; and
- (b) having regard to the risk assessment, the appointed medical adviser considers the person needs to be assessed in relation to the additional matters to achieve an acceptable level of risk.
- (a) the person has previously undergone a health assessment; and
- (b) the subsequent assessment relates to a particular matter identified by the previous assessment; and
- (c) the subsequent assessment is carried out to ensure the person is able to carry out the person’s tasks at the mine without creating an unacceptable level of risk having regard to the matter mentioned in paragraph (b) .
- (a) both of the following apply— (i) the medical examination is carried out in compliance with all instructions, and covering all matters, stated in the health assessment approved form; (ii) the appointed medical adviser gives the employer a health assessment report about the examination; or
- (i) the medical examination is carried out in compliance with all instructions, and covering all matters, stated in the health assessment approved form;
- (ii) the appointed medical adviser gives the employer a health assessment report about the examination; or
- (b) the medical examination is for another purpose and the appointed medical adviser— (i) is satisfied the examination is equivalent to a health assessment; and (ii) gives the employer a health assessment report about the examination.
- (i) is satisfied the examination is equivalent to a health assessment; and
- (ii) gives the employer a health assessment report about the examination.
- (i) the medical examination is carried out in compliance with all instructions, and covering all matters, stated in the health assessment approved form;
- (ii) the appointed medical adviser gives the employer a health assessment report about the examination; or
- (i) is satisfied the examination is equivalent to a health assessment; and
- (ii) gives the employer a health assessment report about the examination.